The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-08-19
The Demands Of the Magistrates.

The bill now pending in the Legislature
for the benefit of the Justices of the Peace
for this county is very objectionable one.
If the taxpayers OF the county don't want
to have their already heavy tax burden very
considerably increased they will send such
protest to their Representatives in the Leg
stature against it that it will never
be heard of outside of the room of the com
mittee which has charge of it.
The bill repeats the law governing the
fees Of Justices of the Peace in this county,
and provides that they shall receive 81 in
all felony cases and "a in all misdemeanor
cases sent by them TO the Superior or City
Court. Besides these fees the bill provides
for fee of 50 for writing, or witnessing
and approving bond when an accused
party is required TO appear for prelimi-
nary examination, or is bound over TO an
swer the demands of higher court.
If this bin should become a law the
chances are that the Justices of the Peace
would do a rushing business, and the county
would have its treasury relieved Of cash at
an alarming rate. 1t is doubtful if the new
Jail would be big enough to hold all those
who would be sent to it unless the magis
trates should accept straw bonds, which
they would hardly do, in view of the fact
that the payment of their fees would depend
upon the appearance of the accused parties
at the higher courts to await the action OF
the grand jury in their cases.
1t is not stated whether or not the county
is 10 pay the 50 bond fee, but the presump-
tion is that such is the intention Of the bill
About every arrest would cost the county
either s. or $40, to say nothing Of the expense
Of supporting in Jail the prisoners unable
to furnish bail Indeed the amount Of the
magistrates fees in some cases would, in
all probability, be greater than the Sums
stated. because the chances are that there
would be fees for two bonds instead of one
"a bond for appearance before the magis-
trate, and another for appearance before
the higher court
The bill has splendid possibilities for the
magistrates II they failed TO make hand
some incomes out of the county it would be
because they did not know how 10 make the
most of their opportunities 1t is not proba
bic, however, that they would miss chance
to make a fee.
would impose upon the county there are
other objections to it, If it were TO become
a law the magistrates, anxious to make as
much as possible, would take notice of every
little offense that could in any way be mag
nified into a misdemeanor. They might
even search out offenses that would
not otherwise claim their attention
and, as they would not get any fees if they
discharged the accused parties, they would
be strongly influenced TO hold them for trial
in the higher courts even when the evidence
did not justify them in doing 50. This may
seem TO be an unfair reflection upon the
Justices of the Peace, but it must be re-
membered that changes are all the time
being made in the offices of the magistrates,
and that the men who sometimes succeed in
getting into them are not entirely
conscientious in the discharge of their duties.
Some years ago there was a law whose pro-
visions were similar to those of the pending
bill The very evils which are apprehended
from this bill existed under that law. They
became so great that the law, in response to
a strong popular demand, was repealed
Win the Representatives from this county,
with the remembrance of the trouble which
that law caused, and of the burdens which
it imposed upon the taxpayers fresh in their
minds, permit a similar law to be enacted'
If they do, they will not prove themselves
worthy Of the trust reposed in them by
their constituents.
The State should pay Justices of the
Peace a reasonable compensation for their
services in criminal cases, and this compen-
sation should be promptly paid. If, how
ever, it becomes necessary, for the proper
administration of justice, that the county
shall bear the cost of making preliminary
examinations of charges of violations of the
laws, it would be better to deprive Justices
of the Peace of all criminal jurisdiction, and
TO create a court having exclusive authority
to make such examinations.
The cost of maintaining a court of this
character would be much less than the
amount of the fees which the Justices of the
Peace are seeking. In fact, anything
would be better for the county and the
public than a law such as the Justices of the
Peace want enacted.